Environmental, Health and Safety Compliance Newsletter
May 08 , 2006 - Volume 4, Number 4
MACTEC's Environmental, Health and Safety Compliance Newsletter is a bi-weekly newsletter highlighting regulatory updates and the latest legal and technical news for Environmental and Occupational Safety and Health professionals. This newsletter is also available for printing and downloading here. (153kb PDF)
In this issue
In a unanimous decision handed down on March 17, the U.S. Court of Appeals for the DC Circuit struck down the Administration's attempt to weaken a component of the Clean Air Act. The ruling -- which came in a lawsuit brought by states, local governments, and a coalition of environmental groups -- prevents industrial polluters from taking advantage of a regulatory loophole that the EPA opened in late 2003.
"Today's victory is another reason to wear green this St. Patrick's Day," said Jonathan Lewis, attorney for the Clean Air Task Force. "We didn't need the luck of the Irish today to protect America's air quality because we had the law on our side."
The loophole at issue would have exempted 20,000 power plants, refineries, and other industrial sources of air pollution from the statutory requirement to update their pollution controls whenever they make equipment replacements that result in increased air pollution. If the exemption had been upheld, outdated facilities across the country would not have to install pollution controls when they replace equipment -- even if the upgrade increases pollution -- as long as the cost of the replacement did not exceed 20% of the cost of the entire unit.
The court found that such an exemption clearly violated Congress's intent, as expressed in the Clean Air Act's New Source Review (NSR) provisions. Specifically, the three-judge panel ruled that equipment replacement projects fit within the statutory category of "physical changes," and are therefore subject to regulation under NSR.
The NSR program is one key to ensuring that aging U.S. power plants meet modern pollution standards. According to Nathan Wilcox at PennEnvironment, "these plants are the nation's largest industrial source of air pollution. Nearly three-quarters of all power plant boilers are over 30 years old and most continue to operate without modern pollution control technology. These older plants release 99% of the sulfur dioxide (SO2), 98% of nitrogen oxides (NOx), and 91% of carbon dioxide (CO2) from power plants. SO2 and NOx form soot and smog pollution, and CO2 is the leading global warming pollutant."
The U.S. Department of Justice is currently prosecuting power plants for violating the same NSR provisions that the court blocked EPA's attempt to gut.
According to NY Attorney General Eliot Spitzer, the decision "is a major victory for clean air and public health. It will encourage industry to build new and cleaner facilities, instead of prolonging the life of old dirty plants."
Spitzer said, "It has been estimated that more than 20,000 Americans die prematurely each year from power plant pollution. As a result of this decision, that number should be reduced."
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The U.S. EPA has announced that it will review the current air quality standard for ozone to determine if it needs to be revised. The Clean Air Act requires EPA to periodically review the scientific basis for National Ambient Air Quality Standards (NAAQS) for six major pollutants, including ozone, to determine whether the standards sufficiently protect public health and the environment.
The "Air Quality Criteria for Ozone and Related Photochemical Oxidants," document provides scientific bases for EPA's periodic review of the current air quality standards for ozone.
This final Ozone Air Quality Criteria Document (AQCD) is a revision of the EPA Ozone AQCD published in 1996. The document evaluates the scientific peer-reviewed literature that has been generated since the current ozone NAAQS was set in 1997, and integrates the new findings with previously available studies. The publication of important new research is one part of the public process to review air quality standards.
As a result of the 1997 review, EPA took strong action to improve air quality by implementing an eight-hour ozone standard, which is significantly more protective of human health than the previous one-hour standard. By monitoring over an eight-hour period and tightening the standard from .12 to .08 parts-per-million (ppm), citizens are protected against health effects from longer exposure periods.
EPA is scheduled to propose whether to retain or revise the current national ozone standards in March 2007, and to issue a final decision by December 2007.
The Ozone AQCD is available online at http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=149923.
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The amount of toxic chemicals released into the environment decreased 4% from 2003 to 2004 according to the EPA's recently released Toxics Release Inventory (TRI).
"Today's report demonstrates that economic growth and effective environmental protection can go hand-in-hand," said Linda Travers, acting assistant administrator for the Office of Environmental Information. "We are encouraged to see a continued reduction in the overall amount of toxic chemicals being released into the environment."
Significant decreases were seen in some of the most toxic chemicals from 2003-2004.
- Dioxin and dioxin compounds, which decreased by 58%
- Mercury and mercury compounds, which were cut by 16%
- Polychlorinated biphenyls (PCBs) went down 92%
Industries were instrumental in getting the data to the public quickly and more efficiently. More than 23,000 facilities reported for calendar year 2004 and 90% used electronic reporting, which streamlined the process significantly. Facility-specific data was released last November and the full national data released.
EPA's 2004 TRI reporting includes toxics managed in landfills and underground injection wells in addition to those released into water and air and releases or other disposals of persistent, bioaccumulative and
toxic (PBT) chemicals. PBT chemicals include dioxin and dioxin-like compounds, PCBs, mercury and mercury compounds, lead and lead compounds, and several pesticides. The amount of toxic chemicals released into the environment has declined 45% since 1998. It is important to review the full data in context, since in many cases changes from one year to the next are less important than longer term trends.
Visit the EPA’s 2004 TRI Public Data Release page at http://www.epa.gov/tri/tridata/tri04/index.htm for further information.
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The U.S. EPA has taken several actions to assure the timely and efficient implementation of the Clean Air Interstate Rule (CAIR). Issued on March 10, 2005, the Agency said CAIR will achieve the largest reduction in air pollution in more than a decade by requiring 28 states and the District of Columbia to reduce emissions of nitrogen oxides (NOx) and sulfur dioxide (SO2) from power plants.
CAIR will permanently cap emissions of sulfur dioxide (SO2) and nitrogen oxides (NOx) in the eastern United States. When fully implemented, CAIR will reduce SO2 emissions in these states by over 70 percent and NOx emissions by over 60 percent from 2003 levels. These reductions are expected to result in more than $100 billion in health and visibility benefits per year by 2015 and help prevent an estimated 17,000 premature deaths annually.
CAIR is an important component of the Bush Administration's plan to help states in the eastern United States meet the national health-based air quality standards. These pollution reductions, along with other federal air quality programs, will allow the vast majority of nonattainment areas in the eastern United States to meet the new air quality standards.
After EPA issued the final CAIR, twelve petitions were submitted by state, local and private organizations requesting the agency reconsider certain aspects of its final rule. EPA reopened six issues for public comment. In its final action, the EPA is responding to petitioners requests by:
- issuing a final notice explaining the agency's decision that the five issues raised by petitioners for reconsideration should not be changed,
- clarifying in its Federal Implementation Plans for CAIR that solid waste incinerators (and particularly municipal waste incinerators) are not considered electric generating units, and
- notifying petitioners of the agency's decision regarding their remaining petition requests.
In a related action, EPA has also issued a final rule to include Delaware and New Jersey in CAIR requiring these states to control SO2 and NOx emissions from their power plants. Both states are already subject to CAIR's ozone requirements. Including Delaware and New Jersey in CAIR for fine particle pollution will help other states meet EPA's health-based air quality standards for fine particles and ground-level ozone by reducing interstate transport of SO2 and NOx.
EPA has also finalized federal implementation plan (FIP) rules which provide for a federal emission reduction back-up plan should a state fail to put an adequate implementation plan in place on time. The FIP rules rely upon the same model emission cap and trade programs that EPA established in the CAIR and provide additional options for states to implement the CAIR requirements. EPA will withdraw a FIP once the state's own state implementation plan, or SIP, for meeting the CAIR requirements is approved and in place.
The EPA is also denying a petition submitted by North Carolina under Section 126 of the Clean Air Act because CAIR and the FIP rule address the emission reductions requested by North Carolina. CAIR will eliminate any significant contribution of air pollutants from states linked to North Carolina's nonattainment thus satisfying North Carolina's petition request. EPA projects that in four years North Carolina will meet federal air quality standards for fine particles and ground-level ozone as a result of CAIR's cuts to pollution from neighboring states. More information on these actions and the Clean Air Interstate Rule (CAIR) is available online at http://www.epa.gov/cair/.
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The U.S. EPA has issued a final test rule that will assist the Federal and State governments, industry, academia, the public and the Agency in evaluating potential health and environmental risks associated high production volume (HPV) chemicals.
The rule requires 52 manufacturers of 17 HPV chemicals to conduct screening level tests related to physical and chemical properties, toxic effects and environmental fate, and to provide this information to EPA. HPV chemicals are manufactured or imported into the United States in amounts over 1 million pounds per year. To date, more than 400 companies have voluntarily committed to making information available on 2200 HPV chemicals as part of the Agency's High Production Volume Challenge Program. The 17 chemicals were not sponsored under the program.
A copy of the rule is available online at http://www.epa.gov/fedrgstr/EPA-TOX/2006/March/Day-16/t2483.htm. Additional information on the HPV program is also available online at http://www.epa.gov/chemrtk/index.htm.
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The U.S. EPA is proposing to apply the same air permitting requirements for facilities that produce ethanol for fuel or human consumption.
While ethanol is produced at corn milling facilities for use as fuel or human consumption using similar processes, these facilities are currently treated differently under Clean Air Act permitting programs. EPA's proposal would provide equal treatment for corn milling facilities, regardless of whether they produce ethanol for fuel or human consumption.
Currently, corn milling facilities that produce fuel and emit less than 100 tons per year of air pollutants are not subject to the Prevention of Significant Deterioration (PSD) permitting program. Conversely, corn milling facilities that produce products for human consumption do not trigger PSD until they emit more than 250 tons per year. The proposal would establish the same emissions limits under the PSD program – 250 tons per year – regardless of whether the ethanol end product is used for fuel or human consumption. The thresholds for the New Source Review and Title V permitting programs would remain at current levels, which vary from 10 to 100 tons per year depending on the area in which the facility is located.
EPA will accept comment on this proposal for 60 days following publication in the Federal Register.
More information on PSD and this proposal are available online at http://www.epa.gov/nsr/actions.html.
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Swamps, bogs, fens, and marshes – in short, wetlands – are as vital to our environment as coral reefs and rain forests. With that in focus, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) are proposing a new rule to ensure more effective wetlands restoration and preservation nationwide. The agencies' rule, being published for public comment, proposes improved science and results-oriented standards to increase the quality and effectiveness of wetlands conservation practices under the Clean Water Act (CWA).
"We are accelerating the pace of wetlands restoration and conservation," said Benjamin H. Grumbles, U.S. EPA assistant administrator for Water. "Today's action which emphasizes the best available science, promotes innovation, and focuses on results will help our nation meet the President's ambitious wetlands goal, while promoting flexibility and accountability."
"We are focusing on a watershed approach for improving wetlands conservation in this proposed rule," John Paul Woodley Jr., assistant secretary of the Army (Civil Works), said. "This approach helps us fulfill the promise President Bush has made to protect, improve and create new wetlands and other aquatic resources."
Because wetlands play such a critical role in the environment, a project proposed to be built in wetlands is first subject to review by the Corps and EPA under the CWA. Consistent with the goal of "no net loss of wetlands," this review often requires a developer to restore or create a wetland to replace the one that was impacted by the project.
The proposed rule:
- Responds to recommendations of the National Research Council to improve the success of wetland restoration and replacement projects;
- Sets clear science-based and results-oriented standards nationwide while allowing for regional variations;
- Increases and expands public participation;
- Encourages watershed-based decisions; and
- Affirms the "wetlands mitigation sequence" requiring that proposed projects fully avoid and minimize potential wetland impacts.
The proposed rule combines accountability and flexibility.
By focusing on results and accountability, the proposed standards will improve the quality and effectiveness of wetland replacement projects. Most importantly, the proposal establishes a "level playing field" ensuring that all forms of wetlands conservation satisfy the same high environmental standards.
Increased reliance on innovative, market-based approaches is expected to promote the expansion of wetland banking, which is one of the most reliable and environmentally effective methods of wetland replacement. A wetland bank is a wetland, stream, or other aquatic resource area that has been restored and protected to offset permitted impacts to wetlands or other aquatic resources.
Wetlands provide important environmental functions including protecting and improving water quality and providing habitat to fish and wildlife. Wetlands are also critically important areas for storing floodwaters and can reduce damage from storm surges caused by hurricanes.
For more information regarding compensatory mitigation and how to provide comments on the proposed standards, see: http://www.epa.gov/wetlandsmitigation.
Information about the importance of wetlands is available at: http://www.epa.gov/owow/wetlands/. Additional information about the Corps' regulatory program can be found at: http://www.usace.army.mil/inet/functions/cw/cecwo/reg/.
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The Oregon Department of Environmental Quality (DEQ) has published a new guidance document, Guidance for Evaluating Residual Pesticides on Lands Formerly Used for Agricultural Production for environmental assessment of formerly used agricultural lands that are likely to be converted to residential, school, commercial or industrial uses. The guidance provides information helpful to potential site users and property owners of such lands.
Knowing the past uses and current condition of former agricultural lands is important to property owners and developers, said Bob Danko of DEQ's Land Quality Division. Past agricultural operations may have left behind hazardous substances that exceed acceptable human health risk levels for residential and commercial properties.
In addition, Oregon's environmental cleanup law places responsibility on current and past property owners for contamination that may exist, as well as for site investigation and cleanup costs.
"DEQ recommends that an environmental assessment be considered before agricultural lands are developed," said Danko. DEQ is available to advise whether an assessment is appropriate and how to select an environmental consulting firm to do the assessment. These firms are usually listed under "Environmental & Ecological Services" in business phone directories. DEQ does not recommend specific firms.
DEQ expects this guidance to be especially useful to property developers; city and county planners, consultants and others who may need to identify potential site acquisition and development issues associated with the conversion of former agricultural lands. Issues concerning formerly used agricultural lands are expected to increase in the next few years as Oregon's population continues to grow and more people and businesses move onto these lands. The recent Oregon Supreme Court decision to uphold the Measure 37 property rights law also means that more properties throughout Oregon that were formerly in farm use may be available for residential and commercial development.
Pesticides are the most likely contaminant present on these lands. DEQ recommends sampling where past owners or operators are known or suspected to have repeatedly applied pesticides that are known to persist in the environment. The guidance document includes detailed descriptions of pesticide types and residues, information on evaluating past pesticide use, site sampling strategies, requirements for lab analyses and risk screening. It also lists numerous other information sources.
For more information on the guidance, please contact Bob Danko of DEQ's Land Quality Division, Portland, at (503) 229-6266, toll-free in Oregon at 1-800-452-4011, ext. 6266. You may also e-mail Danko at danko.robert@deq.state.or.us. The document is available online at http://www.deq.state.or.us/wmc/pubs/docs/cu/GuidanceEvalResidualPesticidesLandsAgProduction.pdf.
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New California Regulations Require Disposal of Many Common Household Wastes as Hazardous Wastes
New California regulations have gone into effect that will require households and small businesses to recycle or properly dispose of batteries, fluorescent lights, thermostats and small electronics as hazardous wastes.
In 2000, the Department of Toxic Substances Control (DTSC) adopted new regulations governing "universal waste," common household items that are deemed hazardous to people and the environment. In order to allow city and county waste management agencies time to develop the procedures to handle the new items, a four year exemption from the rules was granted households and small businesses (business with less than 50 employees).
This exemption ended Feb. 8. As of Feb. 9, these products must be separated from the regular trash and collected for safe disposal.
DTSC and the Waste Board are relying on households to work with County Household Hazardous Waste Programs to properly dispose of hazardous items, including:
- Common batteries: AA, AAA, C cells, D cells, and button batteries, such as those used in hearing aids. These batteries contain toxic heavy metals such as cadmium, as well as corrosive chemicals.
- Fluorescent light bulbs and lamps that contain mercury: Fluorescent light tubes and bulbs, high-intensity discharge (HID), metal halide, sodium and neon bulbs all contain mercury vapors. If broken, mercury can be released into the environment and may cause nerve damage as well as a host of other serious illnesses.
- Thermostats, thermometers and novelty items: Thermometers, greeting cards that play music, shoes with lighted soles, and certain maze games contain mercury.
- Electronic devices: Computer monitors, TVs, cell phones, pagers, printers, computer bodies (CPUs and processors), video cassette recorders (VCRs), cordless and regular telephones, radios, and microwave ovens contain lead, cadmium, chromium, and copper.
- Pilot light sensors, electric switches, barometers, blood pressure devices, stoves, ovens, water heaters, space heaters, clothes dryers, and furnaces frequently use mercury switches.
- Aerosol cans: Flammable propellants such as butane can remain in aerosol cans if not completely empty. If a can is marked " flammable" or "toxic," it should not be tossed into the trash unless it is completely empty of all contents.
"Our goal is to work together with local governments, private entities, and households to protect the health of Californians and our environment by properly recycling and disposing of universal waste with minimal impact on a household’s daily activities," said Maureen Gorsen, DTSC Director. "Working together, we can ensure that these contaminants don’t enter the environment."
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Maine Enacts Laws Concerning Cell Phone Recycling and Batteries Containing Mercury
On March 27, 2006, Maine Governor John Baldacci signed into law bills promoting the recycling of cellular telephones (LD 1840) and regulating the sale, distribution, and use of batteries containing added mercury(LD 1058). As enacted, LD 1840 directs the Maine Department of Environmental Protection (DEP) to study the effectiveness of existing cell phone recycling collection programs in Maine, including: (1) the collection and disposal of used cell phones, including the recycling efforts of the Rechargeable Battery Recycling Corporation (RBRC) ; (2) the existing level of cell phone recycling in Maine; (3) the existing infrastructure for cell phone recycling and the ways in which it may be improved; and (4) the financial impact on non-profit programs if a regulatory recycling program is established. DEP must present a report of its findings to the Legislature by January 15, 2007.
As enacted, LD 1058 amends Maine’s existing laws on mercury-added products and services by prohibiting the sale, offer for sale, or distribution for promotional purposes after June 30, 2011, of any mercury-added button cell battery for consumer use; and any product for consumer use that contains a mercury-added button cell battery.
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Department of Environmental Protection Commissioner Lisa P. Jackson applauded a New Jersey appeals court ruling that upheld the DEP's authority to adopt comprehensive stormwater rules requiring 300-foot buffers to protect high-quality waters from the dangers of development.
"The court ruling represents a tremendous victory for New Jersey in our ongoing fight to protect the quality and quantity of our water resources. Clean, safe and abundant drinking water supplies are something we cannot afford to take for granted," Commissioner Jackson said. " New Jersey's stormwater rules are considered the nation's most protective largely because they require 300-foot vegetated buffers along Category One waterways to help filter pollutants and safeguard the quality of these waters."
In the 24-page decision released by the Appellate Division of New Jersey Superior Court, the three-judge panel rejected the New Jersey Builders Association's argument the DEP lacked the statutory authority to promulgate the stormwater rules, and also noted that the association "mischaracterized these buffers as 'no build zones.'"
"This ruling by the Appellate Division affirms DEP's broad authority to protect water quality in New Jersey, as well as the need to preserve the remaining pristine waters throughout the state for future generations," said Attorney General Zulima V. Farber. "The court recognized the close correlation between water quality and the way that land is used along the banks of our sensitive waterways."
The DEP has applied Category One status, the state's highest level of water protection, to 10,219 acres of reservoirs and 3,855 river miles.
"It's particularly gratifying that the court has acknowledged that without these tough stormwater regulations, developers and industry would continue building right on top of sensitive streams and reservoirs that provide drinking water to millions of our residents," Commissioner Jackson said.
The DEP adopted the new stormwater management rules in February 2004 - the first major update of the regulations in 20 years. Soon after the regulations were adopted, the New Jersey Builders Association took legal action.
"Protecting the quality and quantity of our water supplies not only is essential to our environment and our quality of life, but also is critical to the stability of our economy," Commissioner Jackson said.
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Results from a four-year study of 11.5 million Medicare enrollees show that short-term exposure to fine particle air pollution from such sources as motor vehicle exhaust and power plant emissions significantly increases the risk for cardiovascular and respiratory disease among people over 65 years of age. The study, funded by the National Institute of Environmental Health Sciences, is the largest ever conducted on the link between fine particle air pollution and hospital admissions for heart- and lung-related illnesses.
The study results show that small increases in fine particle air pollution resulted in increased hospital admissions for heart and vascular disease, heart failure, chronic obstructive pulmonary disease, and respiratory infection. "The data show that study participants over 75 years of age experienced even greater increases in admissions for heart problems and chronic obstructive pulmonary disease than those between 65 and 74 years of age," said National Institutes of Health Director Elias A. Zerhouni, M.D.
The National Institute of Environmental Health Sciences and the U.S. Environmental Protection Agency provided funding to researchers at the Johns Hopkins Bloomberg School of Public Health for the study.
The study results are published in the March 8, 2006 issue of the Journal of the American Medical Association. Further information is available online at http://jama.ama-assn.org/content/vol295/issue10/index.dtl.
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NIOSH scientists published their latest findings from research to help resolve the question of whether Polychlorinated Biphenyls (PCBs) pose an occupational risk for cancer. Despite the production of PCBs having been banned almost 30 years ago, workers who repair, maintain, or dispose of equipment containing PCBs may still be exposed occupationally. Studies to date have not resolved the question as to whether PCBs can cause work-related cancer. Following up on a 1992 study with new data, the new report confirmed earlier findings of higher-than-expected mortality from brain cancer and melanoma among workers at an Indiana capacitor manufacturing plant. The report notes limitations of the study, including lack of information about non-occupational risk factors, lifestyle choices and previous or subsequent employment. The NIOSH scientists are pursuing further research that “may provide some additional insight,” according to their report. The report, published in the January 2006 issue of the journal Environmental Health Perspectives, is available at http://ehp.niehs.nih.gov/members/2005/8253/8253.html.
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NIOSH is seeking comments from our stakeholders on a draft training presentation, “Safe Patient Handling and Movement Principles.” NIOSH, in partnership with the American Nurses Association and the Veterans Health Administration’s Patient Safety Center, have developed the presentation as a component of new training curriculum for safe patient handling at schools of nursing, but it should be of interest for any situation of patient handling. A draft version of the presentation can be viewed online or downloaded via a Zip file at http://www.cdc.gov/niosh/review/public/safe-patient. The presentation will remain available for review until May 30, 2006. After that date, NIOSH will consider all the comments submitted and make
appropriate revisions to the presentation before publishing a final version. This presentation will also undergo scientific peer review. The details of the review will be reference on the NIOSH Web site in the near future.
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OSHA, in reviewing its regulations, has found some errors, some incorrect references and some obsolete provisions. In the April 3, 2006 Federal Register (http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=FEDERAL_REGISTER&p_id=18639), OSHA addressed many of those items. The Agency believes that this action will increase employee protection and facilitate employer compliance by improving employer and employee understanding of the affected provisions.
The revisions do not affect the substantive requirements or coverage of the standards involved, modify or revoke existing rights and obligations, or establish new rights and obligations. Therefore, the Agency has determined that these revisions do not require notice-and-comment rulemaking. The rule does not change employers' compliance costs. Employers, for example, are not required to purchase new equipment or acquire additional skills or expertise. Accordingly, OSHA concludes that no economic or regulatory flexibility analysis of this rule is necessary and certifies that the rule will not have a significant impact on a substantial number of small entities. Because this final rule does not affect the substantive requirements of the standards, the Department of Labor has determined that delaying the effective date of the rule is unnecessary and good cause exists under 5 U.S.C. 553 (b)(3) to make this rule effective immediately upon publication in the Federal Register.
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The Washington State Department of Labor and Industries (L&I) said it is taking multiple steps to address the problem of heat stress when working outdoors in hot weather in occupations such as construction, public road work and agriculture. Working outdoors in hot weather can put employees at risk for heat exhaustion or heat stroke. Heat exhaustion is a serious health problem and heat stroke can kill.
To address the issue in time for the hot summer months, L&I will:
- Issue an emergency rule modifying an existing rule on indoor temperature exposure so that by June 1, the rule is applicable to working outdoors.
- Launch a coordinated hazard-awareness effort with business and labor organizations to educate employers and workers in the industries most affected by hot weather.
- As part of regularly scheduled inspections and consultations in affected industries, ensure that heat-stress precautions are in place and effective.
Employers are expected to evaluate their workplaces and determine if their employees will be at risk from heat-related illness during temperature extremes and hot weather. Workplaces must have a safety plan in place to train employees on recognizing the symptoms and preventing heat-related illness.
Intense discussions on the need for an outdoor heat-stress rule began last year after an agriculture worker died from heat stroke, and L&I recognized that its temperature exposure rule did not apply to the outdoors.
"We all acknowledge that heat stress is a serious concern," said L&I Director Gary Weeks. "The department has worked extensively with both business and labor to address this serious hazard by balancing our enforcement and education efforts."
Steve Cant, assistant director for the Division of Occupational Safety and Health at L&I, said the agency spent several months looking at various approaches to protecting workers.
"It is important to have this rule change and education effort in place for this summer," said Cant. "We looked at the possibility of a new rule, but after fully reviewing our existing rules and all the input from business, labor and worker advocates, we concluded that the best approach was to ensure we have effective enforcement tools for worker protection at the least burden and expense to those we regulate."
In May, L&I will launch a comprehensive education-and-outreach campaign that will include hazard-awareness training and printed materials. Visit http://www.lni.wa.gov/safety/topics/AtoZ/heatstress/ for more information.
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RECENTLY PROMULGATED FEDERAL REGULATIONS
Air
PM-2.5 De Minimis Emissions Levels
Proposed and concurrent direct final rules of the EPA amend regulations under 40 CFR 51.852, 51.853, 93.152, and 93.153 to revise the requirement that federal actions conform to the appropriate state, tribal, or federal implementation plan for attaining clean air, or ''general conformity.'' The rule adds de minimis emissions levels for the fine particulate matter (PM-2.5) NAAQS and its precursors. The rule is effective June 5, 2006, if no adverse comments are received by May 5, 2006.
Hazardous Materials/Waste
RCRA Burden Reduction Initiative
Final rule of the EPA would amend regulations under 40 CFR 260, 261, 264, 265, 266, 268, 270, and 271 to revise requirements under RCRA's hazardous waste program to reduce the paperwork burden on states, the agency, and the regulated community. The rule is effective May 4, 2006.
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RECENTLY PROMULGATED STATE REGULATIONS
Air
Missouri - SIP/Jefferson County
Final rule of the EPA amends regulations under 40 CFR 52 to find that the Missouri SIP for lead is substantially inadequate to attain or maintain the NAAQS for lead in the portion of Jefferson County within the city limits of Herculaneum, Mo. The rule also requires Missouri to submit SIP revisions to correct the inadequacy within 12 months or be subject to sanctions under the Clean Air Act. The rule is effective May 15, 2006.
Pennsylvania - SIP
Direct final rule of the EPA amends regulations under 40 CFR 81.339 to make a correction to a July 21, 2004, final rule (69 FR 43522) that approved a revision to the Pennsylvania SIP to redesignate the Hazelwood nonattainment area and the Monongahela River Valley unclassifiable area to attainment for the sulfur dioxide NAAQS. The current action restores entries for two areas that were removed inadvertently from the revised designated area listing. The rule is effective April 7, 2006.
Tennessee - SIP
Proposed and concurrent direct final rules of the EPA amend regulations under 40 CFR 52.2220 to approve a revision to the Tennessee SIP. The revision adds 16 compounds to the list of compounds excluded from the definition of ''volatile organic compound.'' The rule is effective June 12, 2006, if no adverse comments are received by May 15, 2006.
Hazardous Materials/Waste
New York - Used Oil Management
Final rule of the Department of Environmental Conservation amends regulations under 6 NYCRR 360-1, 360-14, 372.1, 374-2, and Appendix 26 to incorporate revisions to federal used oil management standards under 40 CFR 279. The rule also reorganizes the provisions so that they more closely match the format of the federal standards. The rule is effective May 12, 2006.
California - Electronic Waste Recovery and Recycling
Proposed rule of the Integrated Waste Management Board would amend regulations under 14 CCR 18660.5 through 18660.43 (nonconsecutive) regarding implementation of the Electronic Waste Recycling Act of 2003. The proposal would establish procedures for disbursing payments to approved collectors and approved recyclers to help cover their costs of electronic waste recovery and recycling and provide the methods manufacturers may use to report to the board on sales data and baselines of certain hazardous constituents, recycled materials, and recycling and design efforts. The proposal also would add and revise definitions, expand the source-anonymous category, increase collector and recycler accountabilities, and provide for payment rate adjustments through board action. The proposal currently is in effect as an emergency rule.
Georgia - Hazardous Waste Management
Final rule of the Department of Natural Resources, Environmental Protection Division, amends regulations under GAC 391-3-11-.01 through -.18 regarding hazardous waste management. The rule revises the
manifest form and continuation sheet, makes the forms available from a greater number of sources, and adds new procedures for tracking certain types of waste shipments with the manifest. The rule also adds one waste generated by the dyes and pigments manufacturing industries to the list of hazardous wastes and provides for mercury-containing equipment to be managed as a universal waste. In addition, the rule allows members of the National Environmental Performance Track Program up to 180 days, and in certain cases 270 days, to accumulate their hazardous waste without a RCRA permit or interim status. The rule is effective March 13, 2006.
Washington - Hazardous Waste Management Program
Proposed and concurrent immediate final rules of the EPA amend regulations under 40 CFR 271 to grant final authorization of revisions to the Washington hazardous waste management program under RCRA. The revisions incorporate EPA standards as of July 1, 1999, and changes to state procedural provisions. The agency has determined that the changes satisfy all requirements needed to qualify for final authorization. The rule is effective June 13, 2006, if no adverse comments are received by May 15, 2006.
Health and Safety
California - Workers' Compensation Information System
Final rule of the Department of Industrial Relations, Division of Workers' Compensation, amends regulations under 8 CCR 9701, 9702, and 9703 regarding the Workers' Compensation Information System. The rule adds and revises definitions and updates the protocol for claims administrators to transmit reports of injury and payment information to the system by electronic data interchange. The rule is effective April 21, 2006.
California - Workers' Compensation/Predesignation of Personal Physician
Final rule of the Department of Industrial Relations, Division of Workers' Compensation, amends regulations under 8 CCR 9780, 9780.1, 9781, 9782, and 9783; repeals regulations under 8 CCR 9780.2 and 9784; and adopts regulations under a new Section 8 CCR 9783.1 to set forth standards for the predesignation of a personal physician by employees. The rule also provides that after 30 days from the date an injury is reported an employee may request a one-time change of physician and requires employers who do not have a medical provider network to provide notice to employees of their right to choose a physician. In addition, the rule defines terms and specifies forms for predesignation of a personal physician and notice of personal chiropractor or personal acupuncturist. The rule is effective March 14, 2006.
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Web Sightings
Online Reportable Quantity Calculator
The Department of Energy's Office of Pollution Prevention and Resource Conservation has developed an online RQ calculator to assist you in evaluating your release to see if it must be reported to the National Response Center. The online calculator is available online at http://homer.ornl.gov/oepa/rq/. All you need to do is click on the "Evaluate a Release" button. If you want to know the reportable quantity for a particular substance, click on the “Look Up an RQ” button. The web site also has information on whom to contact, guidance materials, and links to the applicable federal regulations.
OSHA, NHTSA and NETS Issue Guidelines for Reducing Motor Vehicle Crashes
The Occupational Safety and Health Administration (OSHA), the National Highway Traffic Safety Administration (NHTSA) and the Network of Employers for Traffic Safety (NETS) have issued new safety guidelines for employers and employees who use motor vehicles for work purposes. The motor vehicle guidance is available on the OSHA Web page, http://www.osha.gov/Publications/motor_vehicle_guide.pdf.
Occupational Exposure to Antineoplastic Agents Topic Page
A new NIOSH Topic Page, http://www.cdc.gov/niosh/topics/antineoplastic, provides information on the effects of occupational exposure to antineoplastic agents.
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Ask an Expert
Bernd Haneke, EHS Project Manager – Research Triangle Park, NC
Under EPCRA Section 313 (TRI), what is meant by the terms “manufacture,” “process,”or “otherwise use”?
- Manufacture – means to produce, prepare, import, or compound one of the EPCRA section 313 chemicals on the list. For example, if you make a dye for clothing by taking raw materials and reacting them, you are manufacturing the dye. You would also be covered if you were a textile manufacturer who imported a dye on the list for purposes of applying it to fabric produced at your plant.
- Process – means the incorporation of an EPCRA section 313 chemical into a product for further distribution into commerce. This definition includes making mixtures, repackaging, or using a chemical as a feed-stock, raw material, or starting material for making another chemical.
- Otherwise Use – applies to any use of an EPCRA section 313 chemical at a covered facility that is not covered by the terms “manufacture” or “process” and includes use of an EPCRA section 313 chemical contained in a mixture or trade name product. An EPCRA section 313 chemical that is otherwise used by a facility typically is not intentionally incorporated into a product distributed in commerce. The otherwise use definition also includes EPCRA section 313 chemicals disposed, stabilized, or treated for destruction if the facility that conducted these activities received the EPCRA section 313 chemical from off-site for purposes of waste management.
Examples include:
- Using a metal cutting fluid that contains diethanolamine;
- Using a heat transfer fluid containing biphenyl;
- Using trichloroethylene to degrease tools;
- Using chlorine in waste water treatment;
- Using Freon 113 as a refrigerant to cool process streams.
For compliance assistance, contact Bernd at BHHaneke@mactec.com or your local MACTEC office.
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MACTEC Kennesaw Wins 3-Year GA EPD Contract
MACTEC’s Kennesaw office was officially notified on February 16, 2006 that it has been awarded one of four contracts let by the Georgia Department of Natural Resources Environmental Protection Division (EPD) to investigate and clean up regulated substances at abandoned or uncontrolled hazardous waste sites in the State of Georgia. Significant to MACTEC, this is the third consecutive Hazardous Site Response Act (HSRA) contract for the firm. MACTEC has all three major Georgia EPD contracts: HSRA, Georgia Underground Storage Tank (GUST), and Ambient Air Monitoring (see previous Intranet article about these contracts).
In general, HSRA authorizes the Director of the EPD to use the Hazardous Waste Trust Fund for corrective action to mitigate a present or future danger to human health or the environment, and for emergency actions considered necessary to protect public health, safety, or the environment. This year the Georgia Hazardous Waste Trust Fund is anticipated to be fully funded.
Specifically, the work scope to be performed by MACTEC on a site-by-site basis includes all or a portion of the following:
- Obtain site information to characterize the environmental setting in which the regulated substances are known or suspected to be present;
- Conduct investigations to identify and characterize the source(s) of regulated substances released to the environment;
- Evaluate environmental media to assess the impact of regulated substances contaminating the soil, groundwater, sediments, surface water, and air and the extent to which contaminated environmental media will require removal, containerization, treatment, stabilization or other corrective action;
- Use the analytical results of samples collected to determine the proper disposal method of any regulated substances;
- Conduct exposure assessments to identify potential human or environmental receptors who may be exposed to releases of regulated substances;
- Conduct feasibility studies and screen alternatives for the purpose of recommending preferred remedies for corrective action;
- Prepare and implement corrective action plans including engineering design and specifications, schedules of implementation, and cost estimates;
- Excavate, remove, containerize, transport, treat, store, and dispose of regulated substances and contaminated media in accordance with all applicable federal, state, and local laws, rules, and regulations federal, state, and local laws, rules, and regulations; and/or
- Evaluate effects of regulated substance releases on environmental receptors.
The Program Manager for the contract is Lindsey Maddox. Key proposal assistance was provided by Sarah Powers, Tim Glover, Terrell Parker, James Cashwell, Russ Fraze, Jennifer Brownfield, and John Kempf with significant input from many MACTEC offices from around the country.
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